Tumačenje slobode kretanja radnika kroz praksu Suda pravde Evropske unije
Interpretation of freedom of movement of workers through the work practices of the EU Court of Justice

Summary/Abstract: In terms of determining the legal nature of the European Union, there are discrepancies within the academic discourse. However, regardless of how the legal nature of the EU is defined, the starting point for each theoretical definition cannot ignore the fact that the Union is primarily an economic project. The basic goal, that has stretched across all institutional and legal frameworks in the evolution of the Union, has been to establish a single (internal) economic (market) space based on four freedoms, as the economic assumptions of the functioning of the Union – the freedom of trade in goods, capital, labour and services. Bearing in mind the objectives expressed in the founding and revision contracts of the European Union, it can be safely stated that the establishment of a single internal market would not have been possible without, inter alia, freedom of movement of labour force, which has from the outset been constituted as one of the four basic legal principles in achieving this goal. Bearing in mind the above, it is important to emphasize that the practice of the Court of Justice of the European Union has played a key role in defining the content and scope of the freedom of movement of workers, providing such strong support of (economic) integration by removing restrictions and disruptions in the internal labour market and by overcoming gaps caused by fragmented legal framework. It can be pointed out that the European Court, as the highest judicial institution of the European Union, on the one hand gave a strong impetus to the completion of economic integration. On the other hand, by specifying the scope and content of the provisions of primary and secondary legal sources, based on the principle of non-discrimination, it has laid down the principal rules of a stable internal labour market, which indirectly enables further development of the social aspect of EU labour law, i.e. work in one of the Member States of the Union.

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